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(영문) 서울동부지방법원 2015.09.17 2015노934

특정범죄가중처벌등에관한법률위반(절도)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., in a case where the Defendant made a confession of all the crimes, committed the instant crime in order to raise his father’s medical expenses, and partly commit the instant crime, or did not harm the attempted crime or agreed with the victim, the Defendant’s imprisonment with prison labor is too heavy for three years, and is unfair by deviating from the sentencing criteria of the Sentencing Committee of the Supreme Court.

2. The main opportunity to determine the grounds for appeal of this case does not seem to have been in preparation of father's medical treatment expenses, the sentencing criteria of the Sentencing Committee of the Supreme Court are only recommended character, and no separate sentencing guidelines are provided for habitual larceny under the same criminal law. Even if the sentencing guidelines for general larceny are applied, the crime of this case constitutes an aggravated area among types of larceny for general property, the scope of recommendation falls under one year and six months to four years. The defendant again commits the crime of this case even though he had had the record of committing the same kind of crime in the previous case and has been sentenced to imprisonment several times, even though he committed the crime of this case, he again commits the crime of this case, even though he was sentenced to more severe punishment by putting the crime of this case at night or by other means, and even if he did not open the crime at night or violated the residence of victims by other means, he did not reach an agreement on the amount and quality of the crime, the age of the victim, the motive and condition of the crime of this case, etc., as well as the motive and condition of the crime of this case.

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